A Manual for Courts Martial Courts of Inquiry And Other Procedure Under Milita

Cover A Manual for Courts Martial Courts of Inquiry And Other Procedure Under Milita
A Manual for Courts Martial Courts of Inquiry And Other Procedure Under Milita
United States. War Dept
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- (b) Martial law at home (or, as a domestic fact) ; by which is meant military power exercised in tmie of war, insurrection, or re- bellion in parts of the country retaining their allegiance, and over persons and things not ordinarily subjected to it, 70844°— 16 2* 1 2 MANUAL FOR COURTS-MARTIAL.
•J (c) Martial law applied to tlie Army; that is, military power extend- ing in time of war, insurrection, or rebellion over persons in the mili- tary service, as to obligations arising out of such eme
...rgency and not falling withm the domain of military law, nor otherwise regulated by law.
The last two divisions (h) and (c) are applications of the doctrine of necessity to a condition of war. They spring from the right of national self-preservation, j (d) Military law; which is the legal system that regulates the gov- I ernment of the military establishment. It is a branch of the municipal law, and in the United States derives its existence from special consti- tutional grants of power. It is both writ ten and unwritten.


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